Breaking News

Acid attacks in India – Its causes, solution and legal provisions

Acid attack, a vitriol attack or vitriolage, is a form of
violent assault defined as the act of throwing acid or a similarly corrosive
substance onto the body of another with the intention to disfigure, maim,
torture, or kill. It never kills but devastates the sufferer’s life mentally,
morally, physically and financially.

Acid attacks have a catastrophic effect on human flesh and
vital organs. In most of these attacks, hydrochloric and sulphuric acid are
used. These corrosive substances cause the skin tissue to melt. The bones of
the victims become exposed and, sometimes, the acid dissolves the bones too.
Furthermore, if acid enters the eyes of the victim during an attack, as is
common in acid attack cases, it damages these vital organs permanently. Many
acid attack survivors have lost one or both eyes. As a result of disfigurement
and disability, the victims are permanently debilitated and are forced to give
up their public lives, work and education.

Main causes are of
acid attacks are:

1. Family
disputes; domestic violence; relationship conflicts

2. Refusal
of indecent proposals or unacceptable propositions

3. Land or
money disputes; business conflicts

4. Vengefulness
and status jealousy

5. Suspicion
of infidelity

6. Theft or
robbery

7. Mistaken
identity; accidental; collateral

8. Sex
crimes, rape, and sodomy

Law in India relating
to acid attacks

The law relating to acid attacks was inserted in Indian
Penal Code and Code of Criminal Procedure by The Criminal Law (Amendment) Act,
2013. Provisions inserted by it are:-

Whoever causes permanent or partial damage or deformity to,
or burns or maims or disfigures or disables, any part or parts of the body of a
person or causes grievous hurt by throwing acid on or by administering acid to
that person, or by using any other means with the intention of causing or with
the knowledge that he is likely to cause such injury or hurt, shall be punished
with imprisonment of either description for a term which shall not be less than
ten years but which may extend to imprisonment for life, and with fine:

Provided that such fine shall be just and reasonable to meet
the medical expenses of the treatment of the victim:

Provided further that any fine imposed under this section
shall be paid to the victim.

Section 326B of
Indian Penal Code, 1860 -
Voluntarily throwing or attempting to throw acid - Whoever throws or
attempts to throw acid on any person or attempts to administer acid to any
person, or attempts to use any other means, with the intention of causing
permanent or partial damage or deformity or burns or maiming or disfigurement
or disability or grievous hurt to that person, shall be punished with
imprisonment of either description for a term which shall not be less than five
years but which may extend to seven years, and shall also be liable to fine.

Explanation 1 —For the purposes of section 326A and this
section, “acid” includes any substance which has acidic or corrosive character
or burning nature, that is capable of causing bodily injury leading to scars or
disfigurement or temporary or permanent disability.

Explanation 2 — For the purposes of section 326A and this
section, permanent or partial damage or deformity shall not be required to be
irreversible.

Section 357B of Code of Criminal Procedure,
1973 - The compensation payable by the State Government under section 357A
shall be in addition to the payment of fine to the victim under section 326A or
section 376D of the Indian Penal Code.

Section 357C of Code
of Criminal Procedure, 1973 - All hospitals, public or private, whether run
by the Central Government, the State Government, local bodies or any other
person, shall immediately, provide the first-aid or medical treatment, free of
cost, to the victims of any offence covered under section 326A, 376, 376A,
376B, 376C, 376D or section 376E of the Indian Penal Code and shall immediately
inform the police of such incident.

Also as per newly added seventh
clause to section 100 of Indian Penal Code the right of private defence of
the body extends to the voluntary causing of death or of any other harm to the
assailant in case of an act of throwing or administering acid or an attempt to
throw or administer acid which may reasonably cause the apprehension that
grievous hurt will otherwise be the consequence of such act.

The Solution:

To eradicate acid violence, governments must address its
root causes: gender inequality and discrimination, the availability of acid,
and the impunity of perpetrators.

In furtherance of their duty to exercise due diligence to
prevent acid violence, governments should:

2. Effectively
enforce and implement laws designed to deter acid violence; and

3. Provide
redress to victims, including compensation for healthcare costs.

Role of Companies: In furtherance of their emerging duty to
exercise due diligence to minimize the negative human rights impacts of their
activities, companies that produce, distribute, use, or otherwise handle acid
should:

1. Assess
the ways in which they can reduce the negative human rights impacts of their
activities; and

2. Support
industry and government efforts to regulate the safe-handling, storage,
labeling, transfer, and disposal of acid by manufacturers, distributors, and
other business and individual users of acid in order to deter the unauthorized
use of acid.